The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-04-27
CURRENT COURT CURSES.
THE SOCIAL POSITION OF MURDERERs
ENSURES BAIL.

LegisIators.--The Practice of Adj.
mitting Every Man to Bail Great
Curse.
In talk with correspondent of the Ne0s
ana Courier on the goth instant Colonel James
L. Orr is reported to have said:
"There are several reasons which account
for the frequent occurrence of deeds OF vio
lence in our State, and In my opinion, the
first Is that the public sentiment Of the State
does not frown upon offenders nor demand
their punishment. At the two last sessions OF
the Legislature strong efforts were mage M &c 70
away with the legal quirks and technlcailt1es
behind which criminals shelter themsel yes;
Yet both efforts were unsuccessful, ana why
Not because the Legislature was averse 70
provide O more speedy and certain punish
ment for criminals, but because some OF the
members seemed to forget that they were
there as representatives OF the gooo peoPie o. }.
the State, rather than rs the attorneys OF inc
criminals.
EASY TO PREVENT A CONVICTION.
"The attempt has been made on several oc,
casions to reduce the number Of peremptory
challenges from twenty for each defendant on
trial, Yet that has always been de1eateu, anu
why? Not because 1t Is necessary for the pro-
lection of liberty, for the Court would not al
low any man to sit in the jury box who was
not impartial, but simply to let the defendant
select a jury. The theory of the law Is that 2
defendant may object to any unfair man, bnt
the practice Is to select jury so as to secure
an acquittal The State has but two peremP'
tory challenges, no matter how many defend
ants are on trial. Each defendant has twenty
challenges, yet the State must have the con
currence OF all twelve to secure q conviction,
when the defendants can prevent conVlc-
tion by having one single man on the jury.
THE WAY CRIMINALS ARE NOT BROUGHT TO
JUSTICE.
But these are not our most serious trou'
bIes. What Is the history Of nearly all homl-
eide cases In this State? II 1t is desperate
case. most likely the man runs of; small
reward is offered tor him week or monCn
after the affray; true bill Is found, and thats
the last Of 1t, unless the States witnesses die
or are gotten off, when he comes back again:
But II he does not run of, things are mol
much better. A coroner repairs to the scene
of the homicide, empanels a Jury, goes
through the show of an inquisltion IN the
most perfunctory way, swears Wnat witnesses
happen to be on hand, and the jury fnd a
verdict, as like as not, that the deceased came
Known No further investigation Is made by
the coroner, and the papers are sent TO the
Court OF Sessions, to get along with them as
best 1t can.
THE JUDGES ENACT A GREAT CURSE.
"suppose, however, the coroner's jury does
happen TO bring in a verdict against some
man. and their verdict is felonious killing;
is the accused put In jail? Very rarely rarely. TIL IL
fiuence the sheriff, the prisoner and his attor-
new start off in hot haste to n Circuit or
Supreme Judge, and In ninety-nine cases out
OF hundred the prisoner comes a PACE s rnnr. MAN
anteed by the Constitution aud laws OF the
State, and is undoubtedly Just IN certain
cases; but the practice OF admitting every
man TO bail who applies for 1t Is one OF the
greatest curses that we labor under to-day
There would be fewer homicides, II people
knew that when, they took human hie they
would, at least have to stay In jail until they
II. THE m otion for bail is heard n afhdavits
no proper development Of the case can be
had, and II the Judge grants ball tnat is tne
end OF convicting the man OF murder, no
matter how heinous the crime Is i'roved TO be-
The Judge has pre-judged the case by grant:
Ing bail. 1T can't be murder, or he would not
have bailed him. and he Is entitled to every
reasonable doubt
THE COURT IS VERY KIND TO CRIMINALS.
cat last he Is called for trail, and continues
his case Mt his own sweet will and pleasure;
Who would think Of forcing man to trial
when life is at stake? II II SUITS ms conven,
trial He lays traps all along to catch the
Judge In order to get new trial II he should
happen to be convicted. The state Is not al
lowed to appeal, no matter now nagrant
mistake is made against her In any point Of
law. II, however, the accused is convicted,
notice OF appeal Is Mt once given and the SEN
tence la suspended by operation OF law, no
matter how trihing the appeal may oe, Irotn
ment swift and sure If the Judge has made
the slightest error: no matter %hether tne
prisoner is actually Injured thereby or no,
In Garoren, vita, new trial Is granted. When
IL comes, the witnesses for the prosecution are
are probably scattered to the four winds oi
Heaven, and the criminal goes unwhipt OF
Justice.
THE STEALING OF A PIG A SERIOUS NATTER
THE KILLING OF A HUMAN BEING A
VERY SMALL MATTER.
"But suppose the accused man Is finally
convicted What is his punishment? II he
had stolen pig, worth dollar. or dozen
ears of corn from the field, he would go the
for year ne haa and 9reken stoen M
suit OF clothes, ne W opld go for ten years. But
II he had killed q man and been found guilty
OF manslaughter, he would 60 for from, say,
man life is cheap! Offences against the one
must be so severely punished rs to discourage
1t; the other Is not SO serious matter.
THE GOVERNOR PARDoNs.
"If however the last legal ditch is crossed.
the sentence is pronounced and the Judgment
affirmed, the natter Is not yet settled. Ap
plication is then made to the Governor, and
1f the offence is only that OF killing or wound
tion Of prominet citizens and officers asking
q pardon. Without settling forth any matters
OF Investigation or other reason, or dlnerent
facts from those passed upon by Judge and
Jury, the signcrs bluntly ask for pardon and
very frequently get 1t.
LYNCH LAW REPREHENSIBLE-THE PEOPLE
HAVE RIGHT TO DIsTRUST THE COURTS
"Now. is II any wonder that, when a pecu-
larly wanton or helnous ouence Is c1hhiis ta III
trustful OF the law and should rise In their
wrath and make the punishment swifta and
sure? Lynch law Is not only most repreheI.
ought, beyond the shadow Of doubt, to he
prevented. surer way OF preventing ltS
recurrence, however, Is not oy abusing tnose
who engage In 1t, but by the proper enact
ments and endorsements OF the law. Give
the people assurance that crime Will be pun,
ished and human life protected, then you Will
have the only safeguard against lynching.
EXECUTIVE, AND JUDICIAL
OFFICERS RESPONSIBLE FOR LAwLEss.
NESS.
"The people who do the lynchlng are not
the ones who are responsible for the short
ings of the law. The responsible parties are
the influential citizens OF each community,
those who govern and control the machinery
and judicial officers of this State. They have
q grave and most urgent duty to perform Tor
until the people become satisfied by eXpe-
rience that personal violence will be speedily
and unerringly punished, lynching IN out.
rageous cases, will not only be tolerated, but
lynchers will be regarded by the masses MS
public benefactors rather than public crimi-
nails" T. E, II.
What the sNews and Courier Thinks.
Upon which the NeWs and Courier makes
the following editorial comment:
The views Of Solicitor Orr, which we pub
lish to-day. throw flood OF light on the
causes of the lawlessness prevailing In this
State and furnish food for serious thought.
He Is one of the ablest prosecuting attorneys
In the State, and Is therefore well qunlifed to
speak upon the subject which he discusses.
Solicitor Orig nninInn may he briefly sum.